News & Analysis as of

Evidence › Class Action › Wage and Hour

Payne & Fears

Key California Employment Law Cases: January 2019

Payne & Fears on

This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

Seyfarth Shaw LLP

Battle of the Experts on Class Certification: A Win for Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling...more

Jackson Lewis P.C.

California Court Provides Additional Guidance on Timekeeping Rounding, Grace Period Claims

Jackson Lewis P.C. on

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v....more

Akerman LLP - HR Defense

Representative Evidence May Or May Not Be Sufficient

Akerman LLP - HR Defense on

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court Upholds Use of Representative Statistical Evidence to Establish Class-wide Liability in Tyson Foods Overtime...

Pillsbury Winthrop Shaw Pittman LLP on

In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more

Carlton Fields

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met...

Carlton Fields on

Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more

Hinshaw & Culbertson LLP

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Hinshaw & Culbertson LLP on

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was...more

BakerHostetler

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

BakerHostetler on

The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class...more

Orrick - Employment Law and Litigation

Try, Try Again: The California Supreme Court Sends “Fundamentally Flawed” Duran Case Back To The Trial Court

Orrick - Employment Law and Litigation on

Employment class action defendants in California who were hoping for an unequivocal statement that statistical sampling has no place in class actions are likely to be disappointed by today’s ruling in Duran v. U.S. Bank, N.A....more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide